Terms & Conditions
These Terms and Conditions are a legal agreement between you and The Lady and Sons (as defined below) and govern your use of any website (each a “Site” and collectively the “Sites”) owned or operated by The Lady Enterprises, Inc. d/b/a The Lady and Sons or any of its affiliates or subsidiaries (collectively, “The Lady and Sons”) or operated on behalf of The Lady and Sons, and the content on such Sites, and the services available through such Sites (each a “Service” and collectively, the “Services”).
AGREEMENT TO TERMS AND CONDITIONS BY USER
The Lady and Sons reserves the right to change these Terms and Conditions at any time and in its sole discretion. The modified Terms and Conditions will be effective immediately upon posting and you agree to the new posted Terms and Conditions by continuing your use of the Website. It is your responsibility to check periodically for any changes we may make to these Terms and Conditions.
Each time you use the Sites and Services, you reaffirm your acceptance of the then-current Terms and Conditions. If you do not wish to be bound by these Terms and Conditions, your only remedy is to discontinue using the Sites and Services. By using the Sites and Services, you also accept that any prior agreements between you and The Lady and Sons regarding your use of the Sites and Services are hereby superseded.
LINKS TO THIRD PARTY SITES
The Sites may contain links to other websites and mobile applications (“Linked Sites”). The Linked Sites are not under the control of The Lady and Sons and The Lady and Sons is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Lady and Sons is not responsible for webcasting or any other form of transmission received from any Linked Site. The Lady and Sons is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Lady and Sons of the site or any association with its operators.
RESTRICTIONS ON USE
You should assume that everything you see or read on the Sites is copyrighted unless otherwise noted, and may not be used except as provided in these Terms and Conditions.
Material from the Sites may not be copied, distributed, republished, modified, uploaded, incorporated, posted, or transmitted in any way, without the prior written consent of The Lady and Sons, except that you may print, display or download content from the Sites for your personal, non-commercial use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. The material on the Sites is provided for lawful purposes only. No intellectual property rights are licensed or transferred to you through your use of the Sites and Services, but remain with The Lady and Sons, which owns full and complete title to all intellectual property in connection with the Sites and Services. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Sites and any content thereon.
Linking, or any other manner of incorporating the whole or parts of the Sites including the framing of Sites by sites or site elements controlled by third parties is strictly prohibited.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Sites and/or Services, you warrant to The Lady and Sons that you will not use the Sites or Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Sites and Services in any manner which could damage, disable, overburden, or impair the Sites or Services or interfere with any other party’s use and enjoyment of the Sites or Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites and Services.
You need not register with The Lady and Sons to simply visit and view the Sites and use many of the Services available on the Sites.
The Lady and Sons welcomes your feedback regarding many areas of our business. If you want to send us your feedback, and we hope you do, we simply request that you email it to us at [email protected] Please provide only specific feedback on The Lady and Sons’ existing products or marketing strategies. Any feedback you provide at this site shall be deemed to be non-confidential. The Lady and Sons shall be free to use such information on an unrestricted basis.
Except as described otherwise, all materials in the Sites and Services are made available only to provide information about The Lady and Sons or the respective brand under The Lady and Sons. The Lady and sons, or its designee, controls and operates the Sites and Services from its headquarters in Savannah, Georgia, United States of America and makes no representation that these materials are appropriate or available for use in other locations. If you use the Sites and Services from other locations you are responsible for compliance with applicable local laws.
DISCLAIMER/RESTRICTION OF LIABIILTY
The Lady and Sons will not be liable for any damages or injury caused by the Sites and Services, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL The Lady and Sons AND/OR ITS SUPPLIERS OR THIRD-PARTY CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOSS OF USE, DATA OR PROFITS, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES AND SERVICES, WITH THE DELAY OR INABILITY TO USE THE SITES AND SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF EMAIL MESSAGES YOU SEND US, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITES AND SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES AND SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE LADY AND SONS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES AND SERVICES, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES AND SERVICES. THE LADY AND SONS’ TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION (IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THE SITES OR SERVICES.
The material, software, products, and Services in the Sites, or available through the Sites, may include technical inaccuracies or typographical errors. The Lady and Sons is not responsible if information made available on the Sites is not accurate, complete or current. The material on the Sites is provided for general information only and should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, more complete or timelier sources of information. Any reliance on the material on the Sites is at your own risk. The Sites may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. The Lady and Sons may make changes or improvements at any time. ADVICE RECEIVED VIA THE SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
THE LADY AND SONS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.
THE LADY AND SONS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE LADY AND SONS DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE LADY AND SONS NEITHER WARRANTS NOR REPRESENTS YOUR USE OF MATERIALS DISPLAYED ON THE SITES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. THE LADY AND SONS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE LADY AND SONS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THE SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT THE LADY AND SONS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
The Sites contain downloadable materials as well as links to external sites. The Lady and Sons is not responsible for, and has no control over, the content of such downloadable materials or external sites. The inclusion of any link to such sites does not imply endorsement by The Lady and Sons of the sites. You understand that The Lady and Sons cannot and does not guarantee or warrant that files or software of any kind, or from any source, available for downloading through the Sites, will be free of infection or viruses, worms, Trojan Horses or other code or defects that manifest contaminating or destructive properties.
You agree to indemnify, defend and hold harmless The Lady and Sons and its affiliates, and their officers, directors, employees, contractors, agents, licensors and suppliers, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from any violation of these Terms and Conditions. If you cause a technical disruption of the Sites, Services or the systems transmitting the Sites and Services to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.
The Lady and Sons or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all materials obtained from all Lady and Sons’ Sites, and (b) all related documentation and all copies and installations (together, the “Materials”). The Lady and Sons reserves the right, in its sole discretion, to terminate this agreement, including your access to the Sites and Services or any portion thereof immediately and for any reason without notice to you. Upon termination, you must destroy all Materials.
These Terms and Conditions will be governed and be interpreted pursuant to the laws of the State of Georgia, United States of America, notwithstanding any principles of conflicts of law, and you hereby consent to the exclusive jurisdiction and venue of courts located in Chatham County, Georgia in all disputes arising out of or relating to the use of the Sites and Services. Use of the Sites and Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Lady and Sons as a result of these Terms and Conditions or use of the Sites and/or Services. The Lady and Sons’ performance of this Terms and Conditions is subject to existing laws and legal process, and nothing contained in this Terms and Conditions is in derogation of The Lady and Sons’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites and Services or information provided to or gathered by The Lady and Sons with respect to such use. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect. Unless otherwise specified herein or agreed to by you, these Terms and Conditions, together with all other policies, guidelines, agreements, terms and conditions referenced herein, constitute the entire agreement between you and The Lady and Sons with respect to the Sites and Services. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The Lady and Sons’ products and services are available in many parts of the world. However, the Sites may describe products and services that are not available worldwide.
COPYRIGHT AND TRADEMARK INFORMATION
All trademarks used herein are owned by The Lady and Sons unless otherwise stated. All other third-party trademarks used on the Sites are the property of their respective owners used under license by The Lady and Sons. Any rights not expressly granted herein are reserved.
All contents of the Sites are copyrighted by The Lady and Sons. All Rights Reserved.
The Lady and Sons respects the intellectual property rights of others,. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on any Site, please provide The Lady and Sons designated agent the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit The Lady and Sons to locate the material.
- Information reasonably sufficient to permit The Lady and Sons to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Please direct all inquiries related to these Terms and Conditions to: